In this issue...

International Mother Earth Day: 5

End Plastic Pollution

World Health Day: 7

#HEALTHFORALL

World Day for Safety and Health at Work: 11

Optimize the collection and use of OSH data

National News 14

News from the National Human Rights Commission 16

International News 20

Criminal Justice System in India: 23

Requires a Strong Second Look

Infertility Clinics: 26
The Truth Behind the Screen

Curing the Ills of India: 28

Disbursal of Essential Commodities
 From the President’s Desk …
Marginalisation is prevalent in varied extent in the developed, developing and underdeveloped world.
Democracy in itself is not a comprehensive guarantee to attain justice. Ignorance about the basic
rights, human rights, fundamental rights, laws of the land, compounded by the problem of illiteracy,
deprives the socially and economically marginalised people of justice. Lack of awareness about
legislations and ‘jargonisation’of law acts also works as an additional obstacle. With legal literacy
being low in India, people with adequate knowledge of law exploit the legally illiterates.

Ensuring access to justice for all has been enshrined in the Indian Constitution and this has also been
the major goal of the Indian government. Though this noble endeavour often faces serious social,
cultural and other challenges, the government is always striving to overcome these impediments and
taking all possible efforts to ensure that the doors of the justice system are not shut for any citizen of
this country, rich or poor.

The legal system can play an important role in supporting poverty eradication by helping poor people
to access the appropriate mix of rights and remedies. However, laws that discriminate against, or
ignore, the rights and livelihoods of the poor can pose serious obstacles to the eradication of poverty.
In such contexts, law and justice sector reforms can provide the foundation for protection and
incentives to enable poor people to realize the full value of their human and physical capital. Reform-
ing the law on paper is not enough to change the reality on the ground. Poor people also need a legal
and judicial system that they can access – one that ensures their legal entitlements are practical,
enforceable and meaningful. Therefore, efforts to legally empower the poor focus on the underlying
incentive structures as well as the capacity of the judiciary and state institutions is very necessary to
make the law work for the poor.

An improved and far-reaching access to justice system is India’s highest concern today and ensures
protection of the rights and freedoms of all sections of society, particularly those underprivileged
citizens who feel alienated from the justice system because of geographical reasons. Access to Legal
will offer enormous potential for transformation, which might be of immense and lasting benefit to
everyone, especially to the marginalised, vulnerable and deprived sections of the society, who do not
have strong lobbies to ensure that their rights are guaranteed.

Dr. A. Shanker

Vol. XV No. 4 April 2018 4

 International Mother Earth Day:
I
nternational Mother Earth Day is
celebrated to remind each of us
that the Earth and its ecosystems
provide us with life and sustenance.
It also recognizes a collective
responsibility, as called for in the 1992
Rio Declaration, to promote harmony
with nature and the Earth to achieve
a just balance among the economic,
social and environmental needs of
present and future generations of
humanity.
International Mother Earth Day
provides an opportunity to raise public
awareness around the world to the
challenges regarding the well-being
of the planet and all the life it supports.
The theme for 2017 is "Environmental
& Climate Literacy".
Education is the foundation for
progress. We need to build a global
citizenry fluent in the concepts of
climate change and aware of its
unprecedented threat to our planet.
Vol. XV No. 4 April 2018
End Plastic Pollution
We need to empower everyone with
the knowledge to inspire action in
defense of environmental protection.
Environmental and climate literacy is
the engine not only for creating green
voters and advancing environmental
and climate laws and policies but also
for accelerating green technologies
and jobs.
Background
The Earth and its ecosystems are our
home. In order to achieve a just
balance among the economic, social,
and environmental needs of present
and future generations, it is necessary
to promote harmony with nature and
the Earth.
The General Assembly, recognizing
that Mother Earth is a common
expression for the planet earth in a
number of countries and regions,
5
which reflects the interdependence
that exists among human beings,
other living species and the planet we
all inhabit, and noting that Earth Day
is observed each year in many
countries, decided to designate 22
April as International Mother Earth
Day through resolution A/RES/63/
278, adopted in 2009.
It invites all Member States, the
organizations of the United Nations
system, international, regional and
subregional organizations, civil
society, non-governmental
organizations and relevant
stakeholders to observe and raise
awareness of International Mother
Earth Day, as appropriate.
Plastic Pollution
From poisoning and injuring marine
life to disrupting human hormones,
from littering our beaches and
landscapes to clogging our waste
streams and landfills, the exponential
growth of plastics is now threatening
the survival of our planet.
In response, Earth Day 2018 is
dedicated to providing the
information and inspiration needed to
fundamentally change human attitude
and behavior about plastics.
n 2009, the United Nations General
Assembly proclaimed 22 April as
International Mother Earth Day. In so
doing, Member States acknowledged
that the Earth and its ecosystems are
our common home, and expressed
their conviction that it is necessary
to promote Harmony with Nature in
order to achieve a just balance among
the economic, social and
environmental needs of present and
future generations. The same year,
the General Assembly adopted its first
resolution on Harmony with Nature.
The General Assembly has widely
acknowledged that the world's
depletion of natural resources and
rapid environmental degradation are
the result of unsustainable
consumption and production patterns
which have led to adverse
consequences for both the Earth and
the health and overall well-being of
humanity. The scientific community
has well documented evidence that
our present way of life, in particular
Vol. XV No. 4 April 2018
our consumption and production
patterns, has severely affected the
Earth's carrying capacity.
Loss of biodiversity, desertification,
climate change and the disruption of
a number of natural cycles are among
the costs of our disregard for Nature
and the integrity of its ecosystems
and life-supporting processes. As
recent scientific work suggests, a
number of planetary boundaries are
being transgressed and others are at
risk being so in a business-as-usual
world. Since the industrial revolution,
Nature has been treated as a
commodity that exists largely for the
benefit of people, and environmental
problems have been considered as
solvable through the use of
technology. In order to meet the basic
needs of a growing population within
the limits of the Earth's finite
resources, there is a need to devise a
more sustainable model for
production, consumption and the
economy as a whole.
Devising a new world will require a
new relationship with the Earth and
with humankind's own existence.
Since 2009, the aim of the General
Assembly, in adopting its nine
6
resolutions on Harmony with Nature,
has been to define this newly found
relationship based on a non-
anthropocentric relationship with
Nature. The resolutions contain
different perspectives regarding the
construction of a new, non-
anthropocentric paradigm in which
the fundamental basis for right and
wrong action concerning the
environment is grounded not solely
in human concerns. A step in this
direction was further reaffirmed in
the outcome document of the United
Nations Conference on Sustainable
Development (2012), entitled "The
future we want":
"We recognize that planet Earth and
its ecosystems are our home and that
"Mother Earth" is a common
expression in a number of countries
and regions, and we note that some
countries recognize the rights of
nature in the context of the promotion
of sustainable development."
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for online
human rights updates.
 World Health Day:
#HealthForAll is a campaign to
promote universal health coverage
(UHC) by 2030 - our aim is to support
policy-makers, civil society
organizations, individuals and media in
the journey to bring universal health
coverage to your country. Something
all countries committed to when they
agreed the Sustainable Development
Goals (SDGs) in 2015.
The World Health Organization (WHO)
will maintain a high-profile focus on
universal health coverage via a series
of events, starting on World Health
Day, 7 April 2018, with global and local
conversations about ways to achieve
Health for All.
Background
The World Health Organization was
founded on the principle that all
people should be able to realize their
right to the highest possible level of
health.
“Health for all” has therefore been our
guiding vision for more than seven
decades. It’s also the impetus behind
the current organization-wide drive
to support countries in moving
towards Universal Health Coverage
(UHC).
Experience has illustrated, time and
again, that Universal Health Coverage
is achieved when political will is
strong.
So in this 70th anniversary year,
WHO is calling on world leaders to
live up to the pledges they made
when they agreed the Sustainable
Development Goals in 2015, and
commit to concrete steps to advance
Vol. XV No. 4 April 2018
#HEALTHFORALL
the health of all people. This means
ensuring that everyone, everywhere
can access essential quality health
services without facing financial
hardship.
The Organization will maintain a high-
profile focus on UHC via a series of
events through 2018, starting on
World Health Day on 7 April with
global and local conversations about
ways to achieve health for all.
Why universal health coverage
matters?
Countries that invest in UHC make a
sound investment in their human
capital. In recent decades, UHC has
emerged as a key strategy to make
progress towards other health-related
and broader development goals.
Access to essential quality care and
financial protection not only enhances
people’s health and life expectancy,
it also protects countries from
epidemics, reduces poverty and the
risk of hunger, creates jobs, drives
economic growth and enhances
gender equality.
What World Health Day can do?
Some countries have already made
significant progress towards universal
health coverage. But half the world’s
population is still unable to obtain the
health services they need. If countries
are to achieve the SDG target, one
billion more people need to benefit
from UHC by 2023.
World Health Day will shine a
spotlight on the need for UHC - and
7
the advantages it can bring. WHO and
its partners will share examples of
steps to take to get there through a
series of events and conversations
held at multiple levels.
As the Director-General has said “No
one should have to choose between
death and financial hardship. No one
should have to choose between
buying medicine and buying food.”
Throughout 2018, we aim to inspire,
motivate and guide UHC stakeholders
to make commitments towards UHC:
Inspire—by highlighting policy-
makers’ power to transform the
health of their nation, framing the
challenge as exciting and ambitious,
and inviting them to be part of the
change.
Motivate—by sharing examples of
how countries are already
progressing towards UHC and
encourage others to find their own
path.
Guide—by providing tools for
structured policy dialogue on how to
advance UHC domestically or
supporting such efforts in other
countries (e.g. expanding service
coverage, improving quality of
services, reducing out-of-pocket
payments).
Universal health coverage (UHC)
Key facts
- At least half of the world’s
population still do not have full
coverage of essential health
services.
- About 100 million people are still
being pushed into “extreme
poverty” (living on $ 1.90 (1) or
 less a day) because they have to
pay for health care.
- Over 800 million people (almost 12
percent of the world’s population)
spent at least 10 percent of their
household budgets to pay for health
care.
- All UN Member States have agreed
to try to achieve universal health
coverage (UHC) by 2030, as part
of the Sustainable Development
Goals.
What is UHC?
UHC means that all individuals and
communities receive the health
services they need without suffering
financial hardship. It includes the full
spectrum of essential, quality health
services, from health promotion to
prevention, treatment, rehabilitation,
and palliative care.
UHC enables everyone to access the
services that address the most
important causes of disease and
death, and ensures that the quality of
those services is good enough to
improve the health of the people who
receive them.
Vol. XV No. 4 April 2018
Protecting people from the financial
consequences of paying for health
services out of their own pockets
reduces the risk that people will be
pushed into poverty because
unexpected illness requires them to
use up their life savings, sell assets,
or borrow – destroying their futures
and often those of their children.
Achieving UHC is one of the targets
the nations of the world set when
adopting the Sustainable
Development Goals in 2015.
Countries that progress towards UHC
will make progress towards the other
health-related targets, and towards
the other goals. Good health allows
children to learn and adults to earn,
helps people escape from poverty,
and provides the basis for long-term
economic development.
What UHC is not
There are many things that are not
included in the scope of UHC:
- UHC does not mean free coverage
for all possible health interventions,
regardless of the cost, as no
8
country can provide all services
free of charge on a sustainable
basis.
- UHC is not just about health
financing. It encompasses all
components of the health system:
health service delivery systems, the
health workforce, health facilities
and communications networks,
health technologies, information
systems, quality assurance
mechanisms, and governance and
legislation.
- UHC is not only about ensuring a
minimum package of health
services, but also about ensuring a
progressive expansion of coverage
of health services and financial
protection as more resources
become available.
- UHC is not only about individual
treatment services, but also
includes population-based services
such as public health campaigns,
adding fluoride to water, controlling
mosquito breeding grounds, and so
on.
- UHC is comprised of much more
than just health; taking steps
towards UHC means steps towards
 equity, development priorities, and
social inclusion and cohesion.
How can countries make progress
towards UHC?
Many countries are already making
progress towards UHC. All countries
can take actions to move more rapidly
towards it, or to maintain the gains
they have already made. In countries
where health services have
traditionally been accessible and
affordable, governments are finding
it increasingly difficult to respond to
the ever-growing health needs of the
populations and the increasing costs
of health services.
Moving towards UHC requires
strengthening health systems in all
countries. Robust financing
structures are key. When people have
to pay most of the cost for health
services out of their own pockets,
the poor are often unable to obtain
many of the services they need, and
even the rich may be exposed to
financial hardship in the event of
severe or long-term illness. Pooling
funds from compulsory funding
Vol. XV No. 4 April 2018
sources (such as mandatory
insurance contributions) can spread
the financial risks of illness across a
population.
Improving health service coverage
and health outcomes depends on the
availability, accessibility, and capacity
of health workers to deliver quality
people-centred integrated care.
Investments in the primary health care
workforce is most needed and cost-
effective in improving equity in
access to essential health care
services. Good governance, sound
systems of procurement and supply
of medicines and health technologies
and well-functioning health
information systems are other critical
elements.
UHC emphasizes not only what
services are covered, but also how
they are funded, managed, and
delivered. A fundamental shift in
service delivery is needed such that
services are integrated and focused
on the needs of people and
communities. This includes
reorienting health services to ensure
9
that care is provided in the most
appropriate setting, with the right
balance between out- and in-patient
care and strengthening the
coordination of care. Health services,
including traditional and
complementary medicine services,
organized around the comprehensive
needs and expectations of people and
communities will help empower them
to take a more active role in their
health and health system.
Can UHC be measured?
Yes. Monitoring progress towards
UHC should focus on 2 things:
- The proportion of a population that
can access essential quality health
services.
- The proportion of the population
that spends a large amount of
household income on health.
Together with the World Bank, WHO
has developed a framework to track
the progress of UHC by monitoring
both categories, taking into account
both the overall level and the extent
to which UHC is equitable, offering
service coverage and financial
protection to all people within a
population, such as the poor or those
living in remote rural areas.
WHO uses 16 essential health services
in 4 categories as indicators of the
level and equity of coverage in
countries:
Reproductive, maternal, newborn and
child health:
- family planning
- antenatal and delivery care
- full child immunization
- health-seeking behaviour for
pneumonia.
Infectious diseases:
- tuberculosis treatment
- HIV antiretroviral treatment
- use of insecticide-treated bed nets
for malaria prevention
- adequate sanitation.
Noncommunicable diseases:
- prevention and treatment of raised
blood pressure
- prevention and treatment of raised
blood glucose
- cervical cancer screening
- tobacco (non-)smoking.
Service capacity and access:
- basic hospital access
- health worker density
- access to essential medicines
- health security: compliance with
the International Health
Regulations.
Each country is unique, and each
country may focus on different
areas, or develop their own ways of
measuring progress towards UHC.
But there is also value in a global
approach that uses standardized
measures that are internationally
recognized so that they are
comparable across borders and over
time.
Vol. XV No. 4 April 2018
WHO response
UHC is firmly based on the 1948
WHO Constitution, which declares
health a fundamental human right and
commits to ensuring the highest
attainable level of health for all.
WHO is supporting countries to
develop their health systems to move
towards and sustain UHC, and to
monitor progress. But WHO is not
alone: WHO works with many
different partners in different
situations and for different purposes
to advance UHC around the world.
Key messages for World Health
Day 2018
- Universal health coverage is about
ensuring all people can get quality
health services, where and when
they need them, without suffering
financial hardship.
- No one should have to choose
between good health and other life
necessities.
- UHC is key to people’s and nations’
health and well-being.
- UHC is feasible. Some countries
have made great progress. Their
challenge is to maintain coverage
to meet people’s expectations.
- All countries will approach UHC in
different ways: there is no one size
fits all. But every country can do
something to advance UHC.
- Making health services truly
universal requires a shift from
designing health systems around
diseases and institutions towards
health services designed around
and for people.
- Everyone can play a part in the path
to UHC, by taking part in a UHC
conversation.
Too many people missing out on
health coverage
“Universal” in UHC means “for all”,
without discrimination, leaving no one
behind. Everyone everywhere has a
10
right to benefit from health services
they need without falling into poverty
when using them.
Here are some facts and figures about
the state of UHC today:
- At least half of the world’s people
is currently unable to obtain
essential health services.
- Almost 100 million people are being
pushed into extreme poverty,
forced to survive on just $1.90 or
less a day, because they have to
pay for health services out of their
own pockets.
- Over 800 million people (almost 12
percent of the world’s population)
spend at least 10 percent of their
household budgets on health
expenses for themselves, a sick
child or other family member. They
incur so-called “catastrophic
expenditures”.
- Incurring catastrophic expenses
for health care is a global problem.
In richer countries in Europe, Latin
America and parts of Asia, which
have achieved high levels of access
to health services, increasing
numbers of people are spending at
least 10 percent of their household
budgets on out-of-pocket health
expenses.
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www.facebook.com/
humantouchmagazine/
for online
human rights updates.
World Day for Safety and Health at Work:
Optimize the collection and use of OSH data
E
very day, 6,300 people die as a
result of occupational
accidents or work-related
diseases – more than 2.3 million
deaths per year. 317 million accidents
occur on the job annually; many of
these resulting in extended absences
from work. The human cost of this
daily adversity is vast and the
economic burden of poor
occupational safety and health
practices is estimated at 4 per cent
of global Gross Domestic Product
each year.
The ILO’s campaign for the 2017
World Day for Safety and Health at
Work focuses on the critical need for
countries to improve their capacity
to collect and utilize reliable
occupational safety and health (OSH)
data.
The United Nations 2030 Agenda for
Sustainable Development adopted on
September 25, 2015 encompasses a
global plan of action with specific
targets to end poverty, protect the
planet, and ensure prosperity for all.
With its adoption, the capacity to
collect and utilize reliable OSH data
has also become indispensable for
countries to fulfil their commitment
to implement and report on some of
the agenda’s 17 sustainable
development goals and their targets.
The World Day for Safety and Health
at Work is an annual international
campaign to promote safe, healthy
and decent work. It is held on 28 April
and has been observed by the
International Labour Organization
(ILO) since 2003.
Vol. XV No. 4 April 2018
A national occupational safety and
health culture is one in which the right
to a safe and healthy working
environment is respected at all levels,
where governments, employers and
workers actively participate in
securing a safe and healthy working
environment through a system of
defined rights, responsibilities and
duties, and where the highest priority
is accorded to the principle of
prevention.
Background
Why 28 April?
In 2003, the International Labour
Organization (ILO), began to observe
World Day in order to stress the
prevention of accidents and diseases
at work, capitalizing on the ILO's
traditional strengths of tripartism and
social dialogue.
This celebration is an integral part of
the Global Strategy on Occupational
Safety and Health of the ILO, as
documented in the Conclusions of the
International Labour Conference in
June 2003. One of the main pillars of
the Global Strategy is advocacy, the
World Day for Safety and Health at
Work is a significant tool to raise
awareness of how to make work safe
and healthy and of the need to raise
the political profile of occupational
safety and health.
28 April is also the International
Commemoration Day for Dead and
11
Injured Workers organized
worldwide by the trade union
movement since 1996.
Prevention of occupational
accidents and diseases
The annual World Day for Safety and
Health at Work on 28 April promotes
the prevention of occupational
accidents and diseases globally. It is
an awareness-raising campaign
intended to focus international
attention on the magnitude of the
problem and on how promoting and
creating a safety and health culture
can help reduce the number of work-
related deaths and injuries.
Each of us is responsible for stopping
deaths and injuries on the job. As
governments we are responsible for
providing the infrastructure — laws
and services — necessary to ensure
that workers remain employable and
that enterprises flourish; this includes
the development of a national policy
and programme and a system of
inspection to enforce compliance
with occupational safety and health
legislation and policy. As employers
we are responsible for ensuring that
the working environment is safe and
healthy. As workers we are
responsible to work safely and to
protect ourselves and not to endanger
others, to know our rights and to
participate in the implementation of
preventive measures.
Emerging risks at work
New and emerging occupational risks
may be caused by technical
innovation or by social or
organizational change, such as:
 ILO Director-General’s Message
On this World Day for Safety and Health at Work , the ILO highlights the urgent need for vastly improved
national occupational safety and health (OSH) data.

It is estimated that over 2.3 million fatalities and 300 million accidents causing injuries occur in the workplace
each year. However, these estimates do not properly reflect the magnitude of the problem, nor the real impact
of occupational accidents and diseases on workers, families and economies. Better national data is needed for
a better understanding of the dimensions and consequences of work-related accidents, injuries and diseases
and to underpin effective policies and strategies for safe and healthy workplaces.

Reliable OSH data facilitates priority setting and gives the basis for measuring progress. It is indispensable for
the detection of new hazards and emerging risks, the identification of hazardous sectors, the development of
preventive measures, as well as the implementation of policies, systems and programmes at national and
enterprise levels. It also helps with the early detection and diagnosis of occupational diseases as well as with
measures for their recognition and compensation.

Improved and harmonized OSH data facilitates meaningful comparative analysis and informed effective
awareness raising. With good data, prevention strategies can be honed and the design of OSH legislation
enhanced. Additionally, there can be more effective social dialogue on OSH issues among stakeholders including
government, employers’ and workers’ organizations.

Countries that have good data will be better placed to fulfil their commitment to implement and report on the
global plan of action to end poverty, protect the planet, and ensure prosperity for all under the United Nations
2030 Agenda for Sustainable Development . SDG 8: “Inclusive and sustainable economic growth, full and
productive employment and decent work for all ” calls for the protection of labour rights and promotion of
safe and secure working environments for all workers, including those in precarious employment.

Today the ILO renews its commitment to support member States’ efforts to strengthen their capacity to
prevent occupational accidents and diseases including through practical measures such as our OSH Toolbox
which contains resources to help improve the capacity to collect and use reliable OSH data.

Accurate data will help to save lives. Let us make it a priority.

- Guy Ryder

- New technologies and production temporary contracts Origin and History

processes, e.g. nanotechnology,
biotechnology
- New working conditions, e.g.
higher workloads, work
intensification from downsizing,
poor conditions associated with
migration for work, jobs in the
informal economy
- Emerging forms of employment,
e.g. self-employment, outsourcing,
They may be more widely recognized
through better scientific
understanding, e.g. the effects of
ergonomic risks on musculoskeletal
disorders.
They may be influenced by changes
in perceptions about the importance
of certain risk factors, e.g. the effects
of psychosocial factors on work-
related stress.
The ILO was created in 1919, as part
of the Treaty of Versailles that ended
World War I, to reflect the belief that
universal and lasting peace can be
accomplished only if it is based on
social justice.
The Constitution was drafted between
January and April, 1919, by the
Labour Commission set up by the
Peace Conference, which first met
in Paris and then in Versailles. The

Vol. XV No. 4 April 2018 12

Commission, chaired by Samuel
Gompers, head of the American
Federation of Labour (AFL) in the
United States, was composed of
representatives from nine countries:
Belgium, Cuba, Czechoslovakia,
France, Italy, Japan, Poland, the
United Kingdom and the United
States. It resulted in a tripartite
organization, the only one of its kind
bringing together representatives of
governments, employers and
workers in its executive bodies.
The Constitution contained ideas
tested within the International
Association for Labour Legislation,
founded in Basel in 1901. Advocacy
for an international organization
dealing with labour issues began in
the nineteenth century, led by two
industrialists, Robert Owen (1771-
1853) of Wales and Daniel Legrand
(1783-1859) of France.
The driving forces for ILO's creation
arose from security, humanitarian,
political and economic
considerations. Summarizing them,
the ILO Constitution's Preamble says
the High Contracting Parties were
'moved by sentiments of justice and
humanity as well as by the desire to
secure the permanent peace of the
world...'
There was keen appreciation of the
importance of social justice in
securing peace, against a background
of exploitation of workers in the
industrializing nations of that time.
There was also increasing
understanding of the world's
economic interdependence and the
need for cooperation to obtain
similarity of working conditions in
countries competing for markets.
Reflecting these ideas, the Preamble
states:
Vol. XV No. 4 April 2018
- Whereas universal and lasting countries other than their own;
peace can be established only if it - Recognition of the principle of equal
is based upon social justice; remuneration for work of equal
- And whereas conditions of labour value;
exist involving such injustice - Recognition of the principle of
hardship and privation to large freedom of association;
numbers of people as to produce - Organization of vocational and
unrest so great that the peace and technical education, and other
harmony of the world are measures.
imperilled; and an improvement of
those conditions is urgently
required;
- Whereas also the failure of any Please subscribe to
nation to adopt humane conditions Human Touch
of labour is an obstacle in the way
of other nations which desire to
and support us for
improve the conditions in their own creation of a just and
countries. equitable society and
- The areas of improvement listed in
the Preamble remain relevant today,
Contribute Articles and
for example: Support Our Cause in
- Regulation of the hours of work Creating a Just and
including the establishment of a
maximum working day and week;
Equitable Society
- Regulation of labour supply,
prevention of unemployment and
provision of an adequate living
wage; Visit our social media page at
- Protection of the worker against
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- Provision for old age and injury,
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13
 National Human Rights Update
Holding Killers to Account for
Hate Crimes in India: Violent
‘Cow Protector’ Vigilantes
Should Be Reined In
A court in India yesterday sentenced
11 people to life in prison for beating to
death Alimuddin Ansari, a Muslim, who
hiskillers believed was trading in beef.
Among those convicted was a local
leader of the ruling Hindu nationalist
Bharatiya Janata Party (BJP).
Many Hindus consider cows to be
sacred, and in the past four years a
violent vigilante campaign against
beef trade and consumption has led
to the killing of at least 29 people,
mostly Muslims, across the country.
Dalits have also been targeted because
they handle animal carcasses and
leather.
The court, located in India’s eastern
Jharkhand state, has handed down
the first conviction since attacks by
self-appointed “ cow protectors”
spiked after the BJP took office in
May 2014.
Groups implicated in similar attacks
also have links to the BJP. In several
BJP-ruled states such as Haryana,
Uttar Pradesh, Gujarat, Rajasthan, and
Chhattisgarh, government policies or
statements by elected leaders have led
to mob violence by cow protection
groups. Several senior BJP leaders
have repeatedl y i nsti gated hate
crimes against religious minorities,
such as whipping up fear of Muslim
men, who they baselessly claim
kidnap, rape, or lure Hindu women
into relationships as part of a plot to
make India into a Muslim-majority
country.
Vol. XV No. 4 April 2018
In September 2017, the Supreme
Court directed state governments to
take measures to prevent such
vigilante attacks.
In cases involving killings in the name
of cow protection, police have often
failed to take prompt action against
the accused, instead filing complaints
against victims and their associates
under laws banning cow slaughter.
The sentences imposed in Ansari’s
case should not remain the exception.
Indian authorities should immediately
conduct credible investigations in all
such pending cases, appropriately
prosecute those responsible for hate
crimes, and launch a public campaign
decrying communal violence in all its
forms. The authorities still have a long
way to go before they can convince
religious minorities and socially
marginalized communities that justice
can be assured.
Remove Hurdles to Justice for
Women with Disabilities:
Reforms on Sexual Violence Not
Implemented for ‘Invisible
Victims’
Women and girls with disabilities in
India who survive sexual violence
face high barriers to access the justice
system, Human Rights Watch said in
a new report today. Five years ago,
the government adopted significant
legal reforms for sexual violence
cases, but serious gaps remain in
implementation.
“Since 2013, India has made
important legal reforms on sexual
14
violence, but women and girls with
disabilities still lack equal access to
justice,” said Nidhi Goyal, a disability
rights activist and co-author of the
report. “Indian women and girls with
disabilities should no longer remain
the invisible victims of sexual
violence.”
The 61-page report, “Invisible Victims
of Sexual Violence: Access to Justice
for Women and Girls with Disabilities
in India,” details the challenges many
women and girls with disabilities face
throughout the justice process:
reporting abuse to the police,
obtaining appropriate medical care,
having complaints investigated,
navigating the court system, and
getting adequate compensation.
After the fatal gang rape of Jyoti
Singh Pandey in Delhi in December
2012, the Indian government
strengthened laws on sexual
violence. The Criminal Law
(Amendment) Act, 2013 (the 2013
amendments) includes several
provisions to safeguard the rights of
women and girls with disabilities and
facilitate their participation in
investigative and judicial processes.
Human Rights Watch investigated 17
cases of rape and gang rape from
eight states in India (Chhattisgarh,
Delhi, Karnataka, Maharashtra,
Odisha, Tamil Nadu, Uttarakhand,
and West Bengal). These include eight
girls and nine women living with a
spectrum of disabilities, including
physical, sensory, intellectual, and
psychosocial disability. Altogether 111
people were interviewed, including
sexual violence survivors, family
members, lawyers, officials from
mental health institutions and shelter
facilities, police, government
officials, disability rights activists, and
“special educators.”
In a November 2017 report on barriers
to justice and support services for
sexual assault survivors in India, it
was found that women and girls who
survive rape and other sexual violence
often suffer humiliation at police
stations and hospitals. Police are
frequently unwilling to register their
complaints, victims and witnesses
receive little protection, and medical
professionals still conduct degrading
“two-finger” tests. These obstacles to
justice and dignity are compounded by
inadequate health care, counselling,
and legal support for victims during
criminal trials.
For Indian women and girls with
disabilities, who face a higher risk of
sexual violence, the challenges are even
greater. Women with physical
disabilities may find it more difficult to
escape from violent situations. Those
who are deaf may not be able to call
for help or easily communicate abuse.
Women and girls with intellectual or
psychosocial disabilities may not know
that non-consensual sexual acts are a
crime and should be reported. Stigma
related to their sexuality and disability
compounds these challenges.
“Kanchana,” a 19-year-old woman
with an intellectual disability from a
village in West Bengal, was raped
several times in 2013 by a local man.
Kanchana was not aware that she
should report being raped, which was
only discovered when she was five-
months’ pregnant. And her intellectual
disability made it difficult to explain to
the police what had happened.
It was found that few police officers
have the training or expert support
needed to handle these cases. In
Vol. XV No. 4 April 2018
some cases, police excluded women
and girls with disabilities from
specific assistance guaranteed by the
2013 amendments because of
survivors’ inability to certify a
disability. In other cases, police failed
to include needed details in their First
Information Report (FIR). Police also
rarely provided information on the
right to free legal aid or legal aid
services to survivors or their families.
India’s criminal justice system has
largely failed to implement the 2013
amendments, such as providing
police and judicial trainings to create
an enabling, supportive environment
for survivors with disabilities. Some
states have adopted good practices,
but they are exceptions, not the norm.
To improve interaction with the police
and the judicial process, women and
girls with disabilities may need
procedural and age-appropriate
accommodations, and other support
depending on their disabilities. This
could include access to sign-language
interpretation, the presence of someone
to facilitate communication (a “special
educator”), use of simple language, and
the option to file reports in braille.
“Razia,” a 13-year-old girl with an
intellectual disability found it challengin
to recount her rape by her brother’s
17-year-old tutor. A social worker
from the Latika Roy Foundation
introduced creative techniques, such
as using a doll, that helped Razia give
a clear and consistent account of the
abuse she experienced.
Indian law and policies require state
governments to facilitate
compensation, including in cases
where the offender cannot be traced
or identified. However, Human Rights
Watch found that even in cases of
extreme violence, trauma, and
economic hardship – including due
to childbirth following rape – women
15
and girls with disabilities had
difficulties in securing compensation.
Compensation is particularly
important for women and girls with
disabilities and their families from
rural areas or marginalized
communities.
India’s leadership has repeatedly
expressed concern over sexual
violence and has said it is committed
to reforms. In 2007, India ratified the
Convention on the Rights of Persons
with Disabilities. In December 2016,
the Parliament adopted the Rights of
Persons with Disabilities Act, which
aims to protect all persons with
disabilities from abuse, violence, and
exploitation, and articulates specific
measures to be taken by appropriate
government officials, executive
magistrates and the police.
“India has taken important steps to
reform the criminal justice system to
include women and girls with
disabilities, but there is need for action
and implementation,” Goyal said.
“The government should act
promptly to ensure accommodations
and other measures so that women
and girls with disabilities are out of
the shadows of justice.”
Key provisions of the Criminal Law
Amendments, 2013 aimed at enabling
the participation of women and girls
with disabilities in the criminal justice
process include:
- The right to record their statement
with police in the safety of their
home or a place of their choice;
- The right to have their police
statements videotaped;
- The right to assistance by a “special
educator” or interpreter when the
complaint is recorded and during
trial; and
- Exemption from having to repeat
their videotaped statement at trial,
subject to cross-examination.
News From the National Human Rights Commission
NHRC's day long regional
workshop on Elimination of
Bonded Labour System begins
tomorrow on 5th April, 2018 at
Chandigarh
The National Human Rights
Commission, NHRC is organizing a
day long Regional Workshop on
'Elimination of Bonded Labour
System' in collaboration with the
Government of Punjab at Chandigarh
Judicial Academy, Chandigarh on the
5th April, 2018. The other
participating State from the region
would be Haryana, Himachal
Pradesh, UT of Chandigarh and
Jammu & Kashmir. The Workshop,
being chaired by Mr. Justice D.
Murugesan, Member, NHRC, will
start at 09:30 a.m. and conclude by
05:15 p.m.
The participants of the Workshop will
be senior officers of the Government
of Punjab, Haryana, Himachal
Pradesh, UT of Chandigarh and
Jammu & Kashmir, Punjab State
Human Rights Commission, NGOs
and representatives of brick kilns,
stone crushing and other related
industries, Academicians and
Students/Research Scholars from
Punjab University, Indian School of
Business and Post Graduate
Government College for Girls,
Chandigarh.
The objective of the Workshop is to
familiarize and sensitize the District
Magistrates, Sub Divisional
Magistrates, State Labour Officers
and Members of Vigilance
Committees, brick kilns, stone
crushing and other related industries
etc. in the process of identification,
Vol. XV No. 4 April 2018
release and rehabilitation of bonded
labourers and with the provisions of
Bonded Labour System (Abolition)
Act, 1976 and other related
legislations.
The NHRC was asked by the
Supreme Court of India in 1997 to
get involved in the monitoring of the
implementation of the Bonded Labour
System (Abolition) Act, 1976. The
Court's directions came while hearing
a Writ Petition (No. 3922/1985) -
People's Union for Civil Liberties Vs
State of Tamil Nadu & Others. Since
then, the NHRC has been overseeing
the implementation of the Bonded
Labour System (Abolition) Act 1976
in different parts of the country.
Therefore, the Commission, in its
endeavor to raise concerns on the
continuance of bonded labour has
been organising workshops to
sensitize official machinery to work
for its abolition in different parts of
the country. It has organised 45
workshops on elimination of bonded
labour so far.
NHRC through MyGov portal
invites online entries for
painting, silver jubilee logo
designing and tagline/slogan
writing competitions
The National Human Rights
Commission, NHRC, in run up to its
silver jubilee celebrations, has
organized three competitions in order
to encourage people join hands in
promotion and protection of human
rights. The participants can submit
16
their entries online at the 'Creative
Corner' section of the 'Mygov' portal,
wherein the detailed guidelines are
also given.
The three categories of the
competitions are: painting, silver
jubilee logo designing and tagline/
slogan writing. The awards carry
attractive cash prizes alongwith
certificates.
For painting competition, there are
three awards of Rs 15000/-,10,000/
- and 5,000/- for the first, second and
the third best painting besides, nine
consolation cash prizes of Rs 2500/-
each. For logo, there will be only one
cash award of Rs 50,000/ and for
tagline/slogan, there will be three cash
awards of Rs 20,000/, 15,000/ and
10,000/-.
The entries will remain opened till
05.00pm on the 30th April, 2018 at
www.mygov.com . A link 'NHRC
competitions on MyGov' is also
provided near the left bottom corner
of the home page of
www.nhrc.nic.in for sending the
entries.
NHRC issues notices to the
Government of West Bengal
over reported unabated violence
in Asansol- Raniganj area; also
asks its DG (Investigation) to
depute a team for spot inquiry
The National Human Rights
Commission, NHRC has taken suo-
motu cognizance of media reports
alleging failure of the law enforcing
agencies in protecting the right to life,
liberty and dignity of the innocent
people, who have become victims of
violence in the Asansol- Raniganj area
of West Bengal since the 25th March,
2018. Many people have been forced
to leave their houses. Several people
have died; a police officer has also
sustained grievous injuries in the
violence and the situation is reported
to be still out of control.
Expressing serious concern over the
situation, the Commission has issued
notices to the Chief Secretary, Home
Secretary and Director General of
Police, West Bengal calling for a
detailed report in the matter within
four weeks.
The Commission has also asked its
Director General (Investigation) to
depute a team headed by an officer
not below the rank of SSP to visit
the disturbed areas of Asansol-
Raniganj for spot investigation/
inquiry to assess the actual situation
and submit a report within three
weeks.
According to the media reports, the
people, who dialed No. 100 to seek
police assistance, have stated that no
police personnel came to help them.
The unruly mob has destroyed the
public and private properties. There
are many families from different
communities, as mentioned in the
news report, who have lost
everything in the ongoing violence.
It is also stated in the news reports
that according to many victims, the
police just stood there for a while and
then vanished when the crowd
attacked the victims. Apart from this,
people suffering from illness and
pregnant ladies are the worst victims
in the affected area.
However, reportedly, the
Commissioner of Police of Asansol
has stated that the situation is under
control and loud speakers are being
used to spread awareness against the
Vol. XV No. 4 April 2018
rumours and in the sensitive areas,
large number of police personnel
have been deployed.
NHRC issues notices to the
Secretary, HRD Ministry,
Chairman, CBSE and Delhi
Police Commissioner over paper
leak of class 10 and 12 Board
exams
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media reports
about the incidents of papers leak of
Class X and XII board examinations
being conducted by the Central Board
of Secondary Education (CBSE).
Reportedly, two cases have been
registered on charges of criminal
breach of trust, cheating and criminal
conspiracy and some arrests have
been made.
The Commission has observed that
prima facie, it seems the concerned
authorities have failed to keep the faith
of the students, intact. The humiliation
being faced by the innocent students
is amounting to violation of their
Rights to Dignity and Education.
Accordingly, it has issued notices to
the Secretary, Union Ministry of
Human Resource Development, the
Chairperson, Central Board of
Secondary Education and the
Commissioner of Police, Delhi calling
for a detailed report in the matter within
four weeks.
The Ministry of Human Resource
Development is also expected to
inform the Commission about the
steps taken regarding counselling of
the aggrieved students and to make
the process of conducting board
examinations trustworthy and
foolproof to avoid recurrence of such
painful incidents in future.
The Commission has further
observed that such instances would
17
adversely affect the credibility of the
institutions in which the students
have absolute faith. The students have
been undergoing trauma engulfed
with helplessness, heart break and
mental agony during examinations
days. The parents and the teachers
try their best to counsel and motivate
the students to remain calm and
confident these days. Several
government and non-government
agencies including the media also
contribute to impart ancillary support
to the students to deal with the
anxiety, attached to the board
examinations. In spite of all the best
efforts made by every stake holder,
if the preparations done by the
students go in vain due to such
demoralizing and unexpected
incidents like paper leak, it would
definitely shatter the enthusiasm of
the young aspiring students.
According to the media reports, six
students were detained by the police
in Jharkhand's Chatra district and the
Crime Branch of Delhi police has
also been cracking down. Several
persons including administrators of
some WhatsApp groups, coaching
centre's owners and tutors were
questioned about the leak and as per
recent media reports, three teachers
have been arrested and an official
of the CBSE has been placed under
suspension.
Reportedly, the CBSE authorities
have announced that the examinations
for Class XII pertaining to the
subjects in which papers were leaked,
will be conducted again on 25 April,
2018. With regard to re-examination
of Mathematics paper of Class X, it
is informed that the decision will be
taken in next 15 days. It is also
reported by some newspapers that as
the Class X paper leak was restricted
to Delhi-NCR and Haryana, the re-
test will take place in these regions
only in the month of July, 2018. As
stated by the CBSE authorities, the
decision has been taken in the interest
of the children and an inquiry into the
leak is underway. The matter is being
investigated into by the police and an
intra departmental probe is also being
conducted.
NHRC notice to the Government
of Madhya Pradesh over reports
about a truck mowing down a
journalist who exposed sand
mafia in Bhind
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of a media report
stating that a television journalist,
who had complained about threats to
his life after he carried a sting
operation on illegal sand mining, was
mowed down by a truck in Bhind
district of Madhya Pradesh on the
26th March, 2018. The deceased,
was talking on his phone in front of
a police station, when the incident
occurred. The Commission has
issued notices to the Chief Secretary
and the Director General of Police,
Madhya Pradesh calling for a detailed
report in the matter within four
weeks.
The Commission has observed that
the contents of the news report if
true, indicate towards negligence on
the part of administration, especially
the police authorities who failed to
save a precious human life. The tragic
death of the journalist is indicative of
violation of human rights as well as
democratic values and also
callousness of the state administration
for not taking appropriate steps
protecting the life and safety of the
deceased, when reportedly, he had
already complaint about the threats
to his life. The Commission also
noted that it did not receive any such
complaint as mentioned in the news
report.
Vol. XV No. 4 April 2018
The Commission further observed
that the death of a journalist, who had
reportedly exposed certain unlawful
and unauthorized activities, was doing
his duty and his death is a matter of
concern for it. India is a democratic
country and the democracy cannot
thrive without Right to Freedom of
Speech and Expression. Freedom of
Speech and Expression is one of the
six freedoms, recognized under
Article 19 of the Constitution of India.
The Press is considered to be the
fourth pillar of the democracy.
Article 19 of the Universal
Declaration of Human Rights also
states that "Everyone has the right to
freedom of opinion and expression;
this right includes freedom to hold
opinions without interference and to
seek, receive and impart information
and ideas through any media and
regardless of frontiers."
According to the media reports,
carried today on the 27th March,
2018, Sandeep Sharma, the victim
working for a local TV channel had
expressed apprehension that he could
be killed by the sand mafia. Shri Vikas
Purohit, nephew of the deceased
journalist has made a complaint to the
police authorities alleging that his
uncle had been facing threat to his
life because of the recent sting
operation; he had carried out on the
sand mafia. He has also mentioned
that several authorities, including the
Human Rights Commission were
informed by the deceased, requesting
for his security.
Reportedly, the journalist had to
record his statement against one
SDPO and was being threatened by
some unidentified people. The
Superintendent of Police, Bhind has
reportedly stated that the application
given by the deceased was being
examined. It is further mentioned by
18
the Superintendent of Police that a
Special Investigation Team has been
formed to probe into the matter.
NHRC notice to the Government
of Bihar over reports of two
journalists' death in road
accident caused allegedly by a
former Mukhia in Bhojpur
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media reports
that two journalists were crushed to
death on the in Bihar 25th March,
2018 allegedly by a former Mukhia,
thus raising a big question mark on
the safety of scribes. Reportedly, the
accused persons had heated
arguments with the journalists and
threatened them with dire
consequences and soon after this
both were crushed to death. The
Indian Federation Working Journalist
(IFWJ) has strongly condemned the
incident calling for stern action against
the accused.
Reportedly, this is the fourth incident
of journalists killing in the past two
years, amply indicating how they
have become the soft targets of
miscreants. The Commission has
issued notices to the Chief Secretary
and the Director General of Police,
Bihar calling for a detailed report in
the matter within four weeks.
The Commission has observed that
if the deceased journalists have
actually been targeted as indicated in
the news report, it is indeed a serious
threat for a civilized society. The state
authorities are required to take
immediate stringent action against the
miscreants by protecting life, liberty
and dignity of the media persons to
uphold the rule of law and
constitutional safeguards extended to
journalists in our democratic society.
In a democratic country, such tragic
incidents cannot be allowed to
happen. Freedom of speech and
expression is essential for political
liberty and proper functioning of
democracy.
According to the media reports, the
victims were returning home on their
two wheeler after covering a rally on
Ram Navami in Bhojpur district of
Bihar, when a speeding Scorpio
vehicle hit them from behind resulting
in their death on the spot. After
committing the crime, the miscreants
reportedly fled the spot and the
vehicle was set afire by the villagers.
An FIR has been registered by the
police against a former Mukhia, his
son and others, who have been
named as the main accused in the
matter. According to the villagers, the
accused persons were angry with the
journalists over some reports.
NHRC notice to the Government
of Madhya Pradesh over
reported strip-search of the girls
of Rani Laxmi Bai Hostel of Dr
Hari Singh Gour University,
Sagar by their warden
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media reports
that the warden of the Rani Laxmi
Bai Hostel of Dr Hari Singh Gour
University, Sagar striped searched the
hostel girls over disposed sanitary
pads in the hostel premises on the
25th March, 2018. The Commission
has issued a notice to the Chief
Secretary, Government of Madhya
Pradesh calling for a detailed report
in the matter within four weeks.
The Commission has observed that
the contents of the news report, if
true, raise a serious issue of violation
of the right to dignity of the victim
girls, who suffered mental agony and
humiliation due to the unethical act
by the hostel authorities. The officials
are required to be sensitized to be
Vol. XV No. 4 April 2018
careful and behave in a sensible
manner while dealing with the
students, especially the girl students.
The hostel authorities, being custodian
of the boarders, are duty bound to
protect them from any kind of ill
treatment and humiliation. No punitive
measures appeared to have taken yet,
which are very essential to curb the
outrageous acts against the girl
students.
According to the media reports,
carried today on the 27th March,
2018, the hostel warden noticed some
used sanitary pads lying around in
washroom and premises of the hostel.
To detect as to who might have
thrown them, she directed to strip-
search the girls students residing in
the university hostel. The incident
came into light when the girls,
reportedly, took up the matter with
the Vice-chancellor of the University.
It is stated in the report that a
committee has been formed to probe
the matter and to decide action to be
taken against the delinquent officer.
NHRC notice to the Union Home
Secretary and Director, AIIMS,
New Delhi over reported apathy
towards a Jawan of CRPF injured
in a Naxal attack
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of a media report
that a Jawan of Central Reserve
Police Force (CRPF) has been forced
to carry his intestine in a polythene
bag wrapped around his waist for the
last four years as despite running
from pillar to post to he has not got
the required assistance for the costly
treatment. He has made several visits
to the All India Institute of Medical
Sciences (AIIMS), New Delhi but
has not been provided proper
treatment. He was injured in a Naxal
attack in Chhattisgarh's Sukma
district in 2014.
19
The Commission has observed that
the contents of the news report, if
true, amount to the gross violation
of the Right to Dignity and Medical
Care of the victim. Reportedly, the
Jawan survived even after hit by
seven bullets on his body but
apparently fell prey to apathy of the
administration. Such incidents of
alleged negligence on the part of the
authorities may lower the morale of
the soldiers.
Accordingly, the Commission has
issued a notice to the Union Home
Secretary calling for a detailed report
in the matter within four weeks. The
Commission has also called for the
comments of the Director, All India
Institute of Medical Sciences, New
Delhi on the status of the treatment
of the injured victim.
According to the media report carried
on the 24th March, 2018, the Jawan,
Manoj Tomar, has served in the CRPF
for 16 years and even has served as
an SPG Commando. In the Naxal
attack in 2014, he lost vision in one
eye after the injury; he could never
recover completely as a portion of
his intestine remained outside his
stomach. Since then, he has been
forced to carry his intestine in a
polythene bag tied to his waist. The
victim has reportedly expressed his
anguish asking as to what is the
meaning of his being alive like this,
as he is no different from his fellow
colleagues who were killed in the
attack.
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 International Human Rights Update
A Third Consecutive Term for
Fidesz is Not a Mandate for
Rights Abuse
Hungary’s ruling Fidesz party won a
third consecutive term in last
weekend’s election, and is poised to
take two thirds of the 199-seat
Parliament, with Viktor Orban
remaining Prime Minister.
The last time Fidesz had a
supermajority in Parliament, it used
it to push through a series of
problematic unilateral changes to the
country’s constitution and laws that
weakened checks and balances on the
executive. There are already signs that
the new government plans to deepen
its crackdown on independent groups
and critical voices.
The morning after the election, a
government spokesperson announced
it wants parliament to approve as
early as May so-called “Stop Soros”
laws designed to silence groups
working with migrants, refugees and
asylum seekers, particularly those
funded by George Soros, whom the
government portrays as public enemy
number one.
During the election campaign, Fidesz
smeared journalists and
nongovernmental organizations
exposing rights violations and high-
level corruption. Government-
friendly media also played on the
migrant threat.
On April 6, Hungary’s highest court
declared that a publicly-funded
billboard campaign depicting migrants
as a threat to the country had violated
election rules because it promoted
Vol. XV No. 4 April 2018
Fidesz party messages using public
funds. Despite the ruling, the
billboards remain in place.
In recent weeks, investigative
journalists have uncovered how a
private intelligence company
recorded representatives of various
nongovernmental organizations in
the country and abroad saying things
they believed could “incriminate”
them as “supporters of migration.”
The government subsequently used
the secret recordings to discredit the
groups, and issued a statement
saying that “the activities of the
Soros organizations must be
banned.”
Hungary’s government may claim its
victory gives it a mandate to curb the
work of civil society. But as a
member of the European Union and
Council of Europe, Hungary is bound
by regional and international norms.
Those norms guarantee free and
equal participation in political and
public affairs and protect freedoms
of association, assembly and
expression. Instead of cracking
down on dissent, Hungary’s
government should respect the rule
of law and guarantee space for civil
society groups to do their work.
EU member states and institutions,
and Fidesz’s partners in the European
People’s Party political group, should
send a clear signal that winning an
election does not give carte blanche
20
to flout EU values. They, too, have a
responsibility to help preserve space
for Hungary’s civil society.
Cybersecurity Bill Threatens
Free Speech in Honduras
A bill before the Honduran Congress
would severely harm free speech by
compelling companies providing
internet services to censor content,
Human Rights Watch said today.
Congress should reject the bill,
which was approved during an
initial vote on February 8, 2018 and
faces two more rounds of
discussion and voting before it
would become law.
Under the proposed law, such
companies would be required to
block or remove “illegal content” that
might be posted to platforms by users
within 24 hours of receiving a
complaint, a period which could be
extended to seven days if “duly
justified.” If the company does not
act, its website could be blocked or
suspended, depriving all Hondurans
of access to the platform because of
the alleged illegal conduct of a few.
The tight deadlines and serious
sanctions give companies an
incentive to err on the side of
censorship, as do new, sweeping
categories of “illegal content.” They
include “incitement to discriminate”
aimed at “harming dignity” and
“incitement or expression of hate” to
promote or feed discourse with
“discriminatory connotations.” The
law makes no provision for either
judicial consideration and orders
before content is deleted, or judicial
review of corporate censorship
decisions.
“The bill would enable the
government to use companies
providing internet services to impose
unacceptable restrictions on free
speech that would go far beyond
what might be legitimate under
international human rights law,” said
José Miguel Vivanco, Americas
director at Human Rights Watch.
The original version of the bill was
introduced on February 1 by a
Congressman from the political party
of President Juan Orlando Hernández
titled “Law that regulates acts of hate
and discrimination in social media and
the Internet.” The bill was virtually
identical to the bill submitted by the
then-president, Rafael Correa, to
Ecuador’s National Assembly in
March 2017. The original bill was
roundly condemned by
nongovernmental organizations, the
Honduran Private Companies
Council, and the Organization for
American States’ special rapporteur
for freedom of expression, Edison
Lanza, among others.
In an effort to justify the consership
regime provided in the bill, the special
commission of Congress revising it
added several provisions on the topic
of “cybersecurity,” contending that
the law seeks to protect Honduras’
national security. However, the
essence of the original project remains,
Human Rights Watch said. In addition
to providing vague new definitions for
“illegal content” categories, the
proposed law fails to specify how the
body that is charged with imposing
sanctions will be established and what
criteria will be used. The law provides
for the creation of a committee
consisting of representatives of 19
state institutions, a majority of them
part of the executive branch. The
committee is tasked with establishing
a directorate charged with assessing
whether internet companies comply
Vol. XV No. 4 April 2018
with the law and imposing sanctions
if they fail, including substantial fines
and suspending or blocking their sites.
“Giving these enforcement powers to
a body controlled by the executive
branch is a recipe for political
censorship,” Vivanco said. “This
unmasks any efforts made to present
the law as a means to protect national
security, when in fact it is a crude
mechism the executive branch can
use to control free speech.”
In June 2011, the special rapporteurs
for freedom of expression of the
Americas, Europe, Africa, and the
United Nations, issued the “Joint
Declaration on Freedom of
Expression and the Internet,” which
sets forth guidelines regarding how
to regulate the internet in a manner
that is compatible, among others,
with the American Convention on
Human Rights, to which Honduras
is a party.
The declaration states that “no one
who simply provides technical
internet services such as providing
access, or searching for, or
transmission or caching of
information, should be liable for
content generated by others, which
is disseminated using those services
[…].” The bill, however, appears to
impose the duty of removal or pain
of liability on Internet service
providers, even in the absence of a
court order or any intervention by the
company in the illegal content its
users post.
Deaths, Torture in Army
Detention in Mali
The government of Mali should
urgently conduct credible
investigations into abuses against
suspects its army detained during a
major military operation against
armed Islamist groups, Human Rights
21
Watch said. The army high command
should suspend officers implicated in
abuse pending investigations and
ensure that all detainees are treated
humanely and are promptly turned
over to government gendarmes.
The investigations should include the
deaths in detention of 27 men and the
severe torture of two others in
February, March, and April 2018 during
Operation Dambe, a major offensive
that ramped up in early 2018 in the
Mopti region of Central Mali. The army
has said that it is investigating two of
the reported cases. In light of the failure
of the military to hold accountable
soldiers implicated in past abuses, an
independent Justice Ministry
investigation for the current spate of
abuses is crucial, Human Rights Watch
said.
“Multiple accounts of mass arrests
followed by the discovery of common
graves point to the army running
amok in central Mali,” said Corinne
Dufka, associate Africa director at
Human Rights Watch. “Prompt
government action is needed to stop
the abuses and bring those responsible
to justice.”
Human Rights Watch interviewed 14
men on April 5, who had been arrested
in the Mopti region during military
operations on March 8 and 12. Five
of the detainees alleged that they were
mistreated while in army custody,
two of them severely. Numerous deep
gashes and scars covering their
backs, abdomens, and legs were
clearly visible during the interviews,
one of which was in a clinic where
the most severely injured detainee was
still receiving medical attention.
A 57-year-old herder described being
tortured by the soldiers. He said that
at around 8 a.m. on March 12, six
soldiers arrested him, his son, and a
nephew at their home. The soldiers
ordered them to walk to a spot
outside the village, where he was
blindfolded, and his hands and feet
bound. He was severely beaten there
for about 40 minutes. “One soldier
held my head while another held my
feet. The third began striking me with
a machete on my back again and
again until I lost consciousness.”
Another man, 42, detained in the
same operation, was beaten with gun
butts and a machete, and threatened
with death: “They interrogated me
while beating me and one threatened
to slit my throat if I didn’t talk.”
The defense and justice ministries
should also follow through on pledges
to investigate two common graves in
the towns of Sokolo and Dogo, which
contain the remains of 13 men
allegedly executed just days after
soldiers took them into custody.
In Sokolo, relatives said that the army
arrested seven ethnic Peuhl men who
were celebrating a baptism on February
21. They included the head of the village
and several members of his family. The
relatives said they had learned from
informal sources that their detained
family members were thought to have
been killed in custody. On February 27,
the Malian government announced it
had investigated and determined that the
seven men were killed during fighting
in the region.
On March 25, residents of Dogo told
Human Rights Watch they had
identified the bodies of six men,
including a father and son, who had
been arrested by security forces three
days earlier. One said: “The last time
we saw them alive they were in the
custody of the soldiers. The next time
we saw them they were in a common
grave.” In a statement to the media,
Mayor Omar Dicko of Dogo reported
Vol. XV No. 4 April 2018
that the men, all of them ethnic Peuhl,
were well known in the village as
merchants and had no known
involvement with armed groups. The
defense minister has said that he had
not been fully briefed on the discovered
grave, but that he would seek to open
an investigation into the incident.
Villagers from around the Dioura area
told Human Rights Watch on April 5
that the army had detained 14 local
men from the villages of Nelbal and
Dekounna. The next day the army
issued a statement saying that 14 men
had died while attempting to escape.
A witness said: “The army found a
gun in the village and proceeded to
arrest all the men – they were
blindfolded and taken away by the
army. We only learned of their fate
from social media.”
In a September 2017 news release,
Human Rights Watch documented the
existence of three other common
graves – in the villages of Yirima, Issèye,
and Mougnoukana – which witnesses
allege contain the remains of at least
14 men killed after being taken into
custody by the Malian security services
between late December 2016 and May
2017. In October, the Defense Ministry
committed to investigate the allegations.
“The rapidly growing list of grave
incidents in the Mopti region suggests
that the army there has serious
command and control problems that
need to be urgently addressed,”
Dufka said. “This is all the more
reason for a credible independent
investigation by civilian authorities.”
April 4 was the fifth day of Passover,
the weeklong Jewish holiday
commemorating freedom from slavery,
but Avera Mangistu’s parents – who
were protesting outside the Israeli prime
minister’s house – were keenly aware
that their son was not free.
22
Investigations found that the two men
are civilians with mental health
conditions who have histories of
wandering far on foot. It’s not just
Hamas that is detaining people
unlawfully. Human Rights Watch has
documented Israel’s use of its
Unlawful Combatants Law to detain
Palestinians from Gaza without
meaningful judicial review, as well as
Israel’s excessive restrictions on
family visits to Palestinian prisoners
from Gaza. But one side’s abuses do
not justify violations by the other.
Human beings are not bargaining
chips.
The two Israelis belong to
communities marginalized within
Israel: Mangistu emigrated to Israel
from Ethiopia, and al-Sayed is
Palestinian Bedouin. Particularly
painful is the refusal of Hamas to
release information about their
captives’ conditions and permit
correspondence between the men
and their families, as is required by
international humanitarian law. Hamas
has also not allowed visits by the
International Committee of the Red
Cross.
On September 7, 2014, Mangistu,
now 31, walked into the Gaza Strip
from Israel and was apparently
detained by Hamas. His parents
have not heard from him since.
Along with a second Israeli, 30-
year-old Hisham al-Sayed, Mangistu
is believed to be being held in
unlawful incommunicado detention
in Gaza.
Although Hamas has not confirmed
that it even holds the Israelis, it has
accused both of being soldiers or
spies. Hamas refuses to divulge any
information about them, much less
consider their release, until Israel
negotiates for the release of
Palestinians held in Israeli prisons.
 Criminal Justice System in India:
Requires a Strong Second Look
Introduction
Criminal Justice refers to the agencies
of government charged with
enforcing law, adjudicating crime,
and correcting criminal conduct. The
criminal justice system is essentially
an instrument of social control:
society considers some behaviours
so dangerous and destructive that it
either strictly controls their
occurrence or outlaws them outright.
It is the job of the agencies of justice
to prevent these behaviours by
apprehending and punishing
transgressors or deterring their future
occurrence. Although society
maintains other forms of social
control, such as the family, school,
and church, they are designed to deal
with moral, not legal, misbehaviour.
Only the criminal justice system has
the power to control crime and
punish criminals.
So, the main objectives of the criminal
justice system can be categorized as
follows:
# To prevent the occurrence of crime.
# To punish the transgressors and the
criminals.
# To rehabilitate the transgressors and
the criminals.
# To compensate the victims as far
as possible.
# To maintain law and order in the
society.
# To deter the offenders from
committing any criminal act in the
future
Of late, the relevance of our criminal
justice system- both substantive and
procedural- a replica of the British
Vol. XV No. 4 April 2018
colonial jurisprudence, is being
seriously questioned. Perhaps the
criminal judicial system is based on
the laws that are arbitrary and operate
to the disadvantages of the poor. They
have always come across as law for
the poor rather than law of the poor.
It operates on the weaker sections
of the community, notwithstanding
constitutional guarantee to the
contrary.
There are hardly any people to
advocate for the new laws to help
the poor, there are practically none
to pressurize the government and the
legislature to amend the laws to
protect the week and the poor. Even
after five decades of independence,
no serious efforts have been made to
redraft penal norms, radicalize
punitive processes, humanize prison
houses and make anti-social and anti-
national criminals etc. incapable of
escaping the legal coils.
The criminal justice system is
cumbersome, expensive and
cumulatively disastrous. The poor
can never reach the temple of justice
because of heavy costs involved in
gaining access and the mystique of
legal ethos. The hierarchy of courts,
with appeals after appeals, puts legal
justice beyond the reach of the poor.
Making the legal process costlier is
an indirect denial of justice to the
people and this hits hard on the lowest
of the low in society. In fact, the legal
system has lost its credibility for the
weaker section of the community.
23
- Rahul Kumar Singh
Of course, the judiciary in recent
years has taken a lead and has come
forward with a helping hand to give
some relief to the victims of criminal
justice in a limited way.
Some of the recent developments that
have taken place during the last few
years in our judicial delivery system
to seek redress and accord justice to
the poor are worth mentioning. The
importance of these developments to
the delivery system of justice can’t
be ignored. They have revolutionized
our judicial jurisprudence and will go
a long way in giving relief to the large
masses and the common man.
In view of the importance of the
subject matter, it is proposed to
explain in brief some of the important
areas of the criminal justice system
that have attracted the attention of the
courts in recent years. These are:
1. Public interest litigation.
2. Bail justice jurisprudence.
3. Prison justice.
4. Compensation to the victims.
5. Legal aid and legal services.
Public Interest Litigation
Public interest has its origin in the
United States. It was during the
1960s that public interest litigation
emerges as a part of the legal aid
movement primarily aimed at
protecting the rights of the weaker
sections of the community, such as
the women, children, physically and
mentally handicapped and the like.
In India during the last few years, a
new wave of public interest litigation
has struck the courts. It is being
argued I some quarters that public
interest litigation has opened a
floodgate of litigation and by such
action, the Indian judiciary seems to
be projecting itself as the upholder
of the freedom of people.
This over act of the judiciary is
regarded as nothing but interference
in the action of the executive, which
is making a good and effective
government impossible. It is pointed
out that the judiciary might collide
head on with the other organs of the
State-the executive and the
legislature- in which event, being the
weakest, it would collapse.
Bail Justice System
Bail is a generic term used to mean
judicial release from custodia legis.
The right to bail- the right to be
released from jail in a criminal case,
after furnishing sufficient security
and bond- has been recognized in
every civilized society as a
fundamental aspect of human rights.
This is based on the principle that the
object of a criminal proceeding is to
secure the presence of the accused
charged of a crime at the time of the
inquiry, trial and investigation before
the court, and to ensure the availability
of the accused to serve the sentence,
if convicted. It would be unjust and
unfair to deprive a person of his
freedom and liberty and keep him in
confinement, if his presence in the
court, whenever required for trial, is
assured.
Prison Justice
Justice delayed is justice denied. This
is more so in criminal cases where
the liberty of an individual is at stake
and in jeopardy. The irony of fate is
that in all such cases, it is the poor
and the week who are the victims of
the criminal justice system, and not
the rich who are able to get away.
Vol. XV No. 4 April 2018
The plight of undertrial prisoners for in spite of constitutional mandate for
the first time came to the notice of speedy trial, there are over two lakh
the Supreme Court of India in the prisoners, convicts and undertrials
landmark case of Hussainara Khatoon who are endlessly awaiting an early
v. State of Bihar in 1979, wherein it hearing of their cases.
was disclosed that thousands of
undertrial prisoners were languishing It may be noted that the liberal
in various jails in the State of Bihar remissions and grant of frequent
for periods longer than the maximum paroles to the prisoners to spend time
term for which they could have been with their families would help to
sentenced, if convicted. While inculcate self confidence in prisoners
granting a character of freedom for and reduce the intensity of some of
undertrials who had virtually spent the prison vices.
their period of sentences, the court As Kuldeep Singh and B.L. Hansaria,
said their detention was clearly illegal JJ said:
and was in violation of their Unless there is introspection the part
fundamental rights guaranteed under of all concerned with the criminal
Art.21 of the Constitution of India. justice system, issues relating to jail
The court further said that speedy reforms, improvement in the
trial is a constitutional mandate and prisoner’s condition, and better
the State can’t avoid its constitutional administration of justice will continue
mandate and its constitutional to remain on paper. It is possible to
obligation by pleading financial or reduce the backlog of criminal cases
administrative inability. if the judiciary and lawyers together
resolve to refrain from unnecessary
In Sanjay Suri , a trainee newspaper and repeated adjournment.
reporter initiated a public interest
litigation by moving a writ petition in Compensation to Victims of Crime
the Supreme Court of India to gather Criminal law, which reflects the social
information about seven juvenile ambitions and norms of the society,
prisoners locked up in Tihar Jail,
Delhi, whose conditions were
reported miserable. The Court, after
getting a thorough investigation
conducted of the matter, came to
know that the prisoners were living
in pathetic conditions in prison and
there was overcrowding in jail. The
court accordingly issued a number
of directions to the jail administration
under the provisions of the Indian
Prison Act, 1884 to undertake
corrective measures, so that the
prisoner could be provided with
facilities available under the law and
were not put to harassment and
inhuman torture.
There is however, hardly any change
in the condition of the jails and the
attitude of the jail administration, and
24

is designed to punish as well as to
reform the criminals, but it hardly
takes any notice of by product of
crime- i.e. its victim.
The poor victims of crime are entirely
overlooked in misplaced sympathy
for the criminal. The guilty man is
lodged, fed, clothed, warmed,
lighted, and entertained in a model cell
at the expense of the state, from the
taxes that the victim pays to the
treasury. And, the victim, instead of
being looked after, is contributing
towards the care of prisoners during
his stay in the prison. In fact, it is a
weakness of our criminal
jurisprudence that the victims of
crime don’t attract due attention.
The code of criminal procedure,
1973, sec.357 and Probation of
Offenders Act, 1958, sec.5;
empowers the court to provide
compensation to the victims of
crime. However it is noted with regret
that the courts seldom resort to
exercising their powers liberally.
Perhaps taking note of the indifferent
attitude of the subordinate courts, the
apex court in Hari Krishan , directed
the attention of all courts to exercise
the provisions under sec.357 of the
Cr.P.C. liberally and award adequate
Vol. XV No. 4 April 2018
compensation to the victim,
particularly when an accused is
released on admonition, probation or
when the parties enter into a
compromise.
No doubt in recent years, the
Supreme Court and High Courts by
invoking Art.21 of the Constitution
have tried to give some compensatory
relief to the poor victims of illegal
detention at the hands of the
executive. Such cases are, however,
numbered and are not going to solve
the malady.
Suggestions
Criminal Justice System in India
requires a strong second look. The
criminal investigation system needs
higher standards of professionalism
and it should be provided adequate
logistic and technological support.
Serious offences should be classified
for purpose of specialized
investigation by specially selected,
trained and experienced investigators.
They should not be burdened with
other duties like security,
maintenance of law and order etc.,
and should be entrusted exclusively
with investigation of serious offences.
The number of Forensic Science
Institutions with modern
technologies such as DNA
fingerprinting technology should be
enhanced. The system of plea-
bargaining (as recommended by the
Law Commission of India in its
Report) should be introduced as part
of the process of decriminalization.
The greatest asset of the police in
investigation of crimes and
maintenance of law and order is the
confidence of the people. Today,
such public confidence is at the
lowest ebb. The police are
increasingly losing the benefit of this
asset of public confidence. Hard
25
intelligence in investigations comes
from public cooperation. If police are
seen as violators of law themselves
or if they abuse their powers for
intimidation and extortion, public
develop an attitude of revulsion and
the onerous duties and responsibilities
that the police shoulder become more
onerous and difficult.
In order that citizen’s confidence in
the police administration is enhanced,
the police administration in the
districts should periodically review
the statistics of all the arrests made
by the police in the district and see
as to in how many of the cases in
which arrests were made culminated
in the filing of charge-sheets in the
court and how many of the arrests
were ultimately turned out to be
unnecessary. This review will check
the tendency of unnecessary arrests.
Some statistics indicate that in some
districts in the country, nearly 80%
of the arrests were made in respect
of bailable offences.
The legal services authorities in the
States should set up committees with
the participation of civil society for
bringing the accused and the victims
together to work out compounding
of offences.
(Source: Legalserviceindia.com)
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 Infertility Clinics:
The Truth Behind the Screen
I
n several societies, infertile
couples face uphill social and
family pressure and are treated
as outcasts in many social events.
They carry this socio-psychological
burden on their head, which often
forces them to knock at the doors of
infertility clinics. This scenario is in
its worst form in India, where
marriage is considered by many as a
means of procreation for next
generation.
Spectacular changes have taken place
in the field of reproductive
technology due to advanced research
in medical science. Reproductive
sciences have come in with
techniques like donor insemination
and embryo transfer that have
completely revolutionized the
reproductive environment. These
techniques have infused hope into the
minds of many infertile couples, who
long to have a child of their own.
Assisted Reproductive Technique or
ART has become the most sought
after technique for the childless
couples. According to the World
Health Organization, 80 million
couples worldwide are infertile, of
whom 15 % belong to India. The
increasing demand for ART resulted
in mushrooming of ART clinics all
over India. On a conservative basis,
the market for infertility treatment
could be plugged at over Rs.25,000
crores.
The magnitude of infertility can be
judged from the case of Kerala. About
20 years ago the infertility rate in
couples, in the State was only 10 but
Vol. XV No. 4 April 2018
now it has doubled. With infertility in
Kerala population on the rise,
fertilization centres across the state
are drawing childless couples in big
numbers. Just this state has an annual
market worth Rs.120 crore.
According to rough estimates, over
2000-invitro fertilization and nearly
five-lakh intra uterine inseminations
are done in Kerala annually.
With the growth of ART centres in
the country, exploitation of vulnerable
couples has also increased by leaps
and bounds. With a success rate of
less than 30% for the ART
procedures, the whole exercise is
draining both money and emotions of
thousands of couples. There are
many incidences of eggs and
embryos stolen from women and
given to others or to researchers.
Fertility drugs are being sold illegally.
India has been known to play host to
visiting foreign In-Vitro fertilization
(IVF) experts to carry out those
procedures that have been banned in
the home country of the visiting
experts. Sale of eggs and embryos is
subtly advertised over the Internet by
some IVF clinics in India.
Genuine practitioners in the field of
infertility have been marginalised in
the race to notch up profit, often at
the expenses of vulnerable patients.
Widespread and no-expenses-spared
advertising and the projections of an
inflated success rate that is even more
than the internationally acceptable
26
standards, help net many customers
who come quietly.
Not only is the success rate of ART
exaggerated, even the cost of
treatment (which is only Rs.2,000 for
the first cycle of tests) is inflated. In
vitro fertilization (IVF) may be
required only in 10 to 15 per cent of
the cases and not in all cases and cost
up to Rs.65,000. Patients often have
to pay Rs.1 to 2 lakh and even when
IVF is not required; they might be
told that it is. Not only this, people
are also hired to pose for stage-
managed photographs proclaiming
the efficacy of the treatment.
Irrespective of the fact that whether
they are literate or illiterate, people are
not bothered about the science and
technology of treatment. Only thing
they know is that in order to hold
child in their arms, they are willing
to bear any amount of pain and spend
as much as is needed. Woman often
feels that husband will stray if she
does not produce a child. The reasons
vary from the fear of losing one’s
husband to facing the wrath and
disapproval of the mother-in-law.
It is stated in the national guidelines
to regulate ART clinics to deal with
surrogacy arrangements that an ART
centre has to possess a license, be
monitored and be constantly
upgraded. But the practice in this
regard is questionable. Infertility
treatment is a highly specialized field
and only being a gynaecologist is not
sufficient. The treatment has to be
individual-specific. It is said that even
though the success rate the world

over is 35 to 40 per cent, it is being
projected as 80 to 85 per cent in India
by those keen to cash in on the
emotive nature of the issue of
infertility.
Unlike the West, where it is a
commercial practice and legal codes
have been framed and implemented,
in India there is no law on ART. It is
only now that ICMR- the Indian
Council for Medical Research- (see
box for code) has framed national
guidelines. A draft of the Bill will be
given to the Ministry of Health,
Government of India. There is a felt
need for bringing out formal legislation
to regulate a process that has deep and
widespread social, legal, psychological
as well as cultural implications.
Reproductive infertility has always
put unwanted pressure on young cou-
ples, causing much anxiety in their
minds. With radical developments in
the field of medical technology, so-
lutions to the problem of infertility
have changed. Concepts such as sur-
rogacy arrangements (hiring uterus)
Vol. XV No. 4 April 2018
It is unfortunate that
some businessmen are
playing with the emotion
of the hapless couples,
who after god, depend on
the ART centers to bring
happiness in their lives.
A smile of a baby only
can bring fresh shower
in the desert of their
hearts. The mere exist-
ence of legislation is not
enough. There should
also be mechanism for
close monitoring of its
implementation. Hastily
drafted laws consisting
of ambiguous provisions
create more problems
than solving any. There-
fore instead of letting
ambiguity prevail, a well-
have shaken the foundations of pre- structured legislation is an immedi-
determined parental roles and respon- ate necessity.
sibilities. The optimistic streak is that - HT Bureau
certain developed nations instead of
condemning such concepts have
taken affirmative steps to legislate in Support us for the
this regard. In India also the National
creation of a just and
Guidelines have been drawn to regu-
late ART clinics to deal with surro- equitable society
gacy arrangements.
Code of conduct for ART
 The ART clinic is not a commercial party in donor programme or
surrogacy.
 No ART procedure can be done without the spouse’s consent.
 The sperm donor and surrogate should not be a relative or a friend of
the couple.
 Sex selection is not permitted. There should be pre-implantation
diagnosis testing of parents for genetic abnormalities.
 The consent of couples for the use of embryos is a must.
 Biological parents must adopt a child born through surrogacy.
 The sale or transfer of human embryos outside the country is prohibited.
 Donors should be screened for HIV and hepatitis B/C infections.
 ART clinic has to get approval from the appropriate accreditation
authority.
 The records have to be maintained and regularly checked to guard
against tampering.
27
 Curing the Ills of India:
Disbursal of Essential Commodities
F
irst of all, let us consider those
people, who would not like to
lift their quota of essential
commodities through the government
sponsored network. Mainly, these
people would comprise three
categories: (a) elite population, who
can be given option to avail
reimbursement of the full value of
their entitlement for their quota of
commodities through income-tax
adjustments, (b) farmers who
themselves produce food-grains, they
can be adjusted for their entitlement
by way of supply of fertilizers so that
food production also gets a boost or
they can be paid back in terms of
other commodities, if they so desire,
and (c) people of those areas who
consume less food-grains due to their
eating habits but also do not file their
income-tax returns due to their overall
low income, these people can also be
compensated in form of other
essential commodities of equivalent
monetary value. Thus, I mean that
the government support should be
extended to one and all by the same
amount but reimbursement of their
entitlement in terms of cash should
be made only to those who file their
income-tax returns. I feel it will
safeguard interests of the people
belonging to the marginal and the
weaker sections more effectively.
Some intellectuals, social scientists,
and planners, argue that due to the
huge cost of maintenance of the
TPDS scheme run by the
Government, besides the inherent
corruption and pilferages in supply
of essential commodities to the
targeted people, which has
accentuated further due to multi-level
Vol. XV No. 4 April 2018
pricing of food-articles (one for open
market, another for APL category, yet
another for BPL category, still
another for Antyodaya category and
so on), supply of food-articles and
kerosene through the TPDS should
be stopped altogether. It is further
argued that in lieu of the above, the
people belonging to the BPL category
(whose family’s per capita per month
income is up to Rs.356/- in rural areas
and Rs.538/- in urban areas,
respectively) should be given food and
fuel-coupons or simply cash-
vouchers from which they can buy
food-grains and fuel from the open
market.
The underlying principle for the above
is that the multi-level discounts
offered to the different categories of
people for food-articles, should be
abolished, and in lieu of it, simple
cash transfer should be carried out
for the targeted people. Proponents
of cash transfer argue that it can cure
the ills plaguing TPDS of the GOI
and the huge savings accruing on
account of scrapping of the TPDS
can be ploughed back in the system,
thereby increasing the level of
benefits to the poor.
The aforesaid contention raises two
basic issues (a) multi-level pricing of
food-articles should be abolished and
in lieu thereof food-coupons and fuel-
coupons should be issued to the poor
people and (b) the TPDS should be
scrapped as it is inefficient and hugely
expensive. I understand that the
28
- Dr. Prem Kumar Sinha
aforesaid two issues can be
addressed better by pursuing a
different approach as described
below.
Food-Coupons and Fuel-Coupons
Not Desirable
As far as issuing of food and fuel-
coupons is concerned, I lodge my
strong disagreement to it. I plead that
cash-coupons or something like this
should never be distributed at least
to those who are not able to meet out
their most basic requirements
pertaining to food, cloth, and fuel.
Because when cash enters into
households through any means, be it
wages of the men or be it earnings
of the women-folk or be it even
stipend awarded to the school-
children, under various welfare
schemes run by the Government or
other social welfare organizations,
generally, men of the households
exercise greater control over it. And
often such cash ends up in liquor
shops and in the process the
households remain deprived of the
optimum use of that cash. Recently,
our Hon’ble President, Pratibha Devi
Singh Patil also spoke about the social
evil of alcohol addiction. She recalled
her past experience as Minister of
Social Welfare in the early 1970s, that
about 50 percent poor, who were
given work under the then
Employment Guarantee Scheme of
Maharashtra Government,
squandered money in drinks and
gambling. The President recalled, “For
the removal of poverty only giving
money is not adequate … If 50
percent are in this atmosphere, how
will we remove poverty?” (Source:
The Hindu dated 8th January, 2009).
Although, it cannot be guaranteed that
essential commodities distributed
through the government sponsored
network, may not meet the same fate
of misuse at the hands of the men-
folk of the households, but its
likelihood is much less. Moreover,
when the food-grains and other
essential articles are distributed
through the NID smart-cards, with
bio-metric identification, female and
children will also have obvious feeling
of empowerment and self-esteem
which cannot be subdued easily by
the liquor-thirsty men of their
households.
Besides the above pitfalls, there is
also another apprehension of
counterfeiting of food and fuel-
coupons. When the currency notes
and the judicial stamps are not safe
from counterfeiting in the country
then as to how one can tackle
additional similar instruments without
inviting more risks and corruption in
the whole system.
Revamp the Existing TPDS
(With the Help of Private Retail-
Chains)
In view of the above, I propose that
the theme of the TPDS should not
be discarded altogether instead it
should be replaced by another
efficient food distribution network
which encompasses the entire
population of the country. Its biggest
advantage would be that it will also
help in stabilization of food prices.
Another significant advantage of
universalizing livelihood support to
every citizen would be that it will
cover upper class people of the
country, also, and thus its
implementation would also be on a
much better scale. It was once aptly
said by Mr. Biraj Patnaik, Principal
Advisor to the Office of the
Commissioners of the Supreme
Court, that “A scheme that is only
Vol. XV No. 4 April 2018
for the poor remains ‘poorly
implemented’ as the voices of the
poor are always drowned”. Further,
by universalizing livelihood support
to all the people, the need of
classifying people in various
categories, like, APL, BPL,
Antyodaya, etc., will die down of its
own, and along with it, the ghost of
corruption in targeted public
distribution system (TPDS) will also
disappear.
For controlling the cost regarding
distribution of food-grains to all the
people, which will entail distribution
of about 79.2 million tons of cereals
and 6.6 million tons of pulses, the
GOI must rope in private retail-chains.
As per the government data, total
procurement of cereals for the central
pool account of the GOI has varied
between 35.8 million tons and 42.4
million tons during 2003-04 to 2006-
07, whereas total offtake of cereals
through the TPDS as well as through
other welfare schemes of the GOI
during the same period varied
between 36.7 million tons to 41.1
million tons. Thus, for the
procurement and distribution of 79.2
million tons of cereals and 6.6 million
tons of pulses, which are almost
29
double of the existing quantity of
food-grains which are being handled
by the government agencies, the
need of the private retail-chains seems
essential, simply because the existing
set up of the government machinery
just cannot handle this mammoth task
satisfactorily. Besides the above
constraints in logistics support,
maintenance of the existing TPDS of
the Government is also proving to be
a hugely expensive proposition with
a lot of wastage in the whole process.
I would appeal that none should make
the mistake of even suggesting that
the existing TPDS of the GOI should
be expanded further, by increasing the
role of the Food Corporation of India
and other government agencies, for
meeting additional demand of
distribution of food-grains and other
commodities to the people, instead,
the GOI should rope in private retail-
chains to meet out the additional
demand arising out of the need to
distribute food-grains and other
commodities to all. If deemed fit,
even some work of the existing
TPDS can also be transferred to these
private retail-chains. Because when
the GOI could not revamp its existing
TPDS which is infested with
inefficiency, wastage, and corruption
then the notion of its handling of even
a bigger distribution network with
more than double the size of the
existing TPDS poses a big question
mark. The existing network of the
TPDS could be built in decades and
at the moment there is need to create
still bigger distribution network which
should also be operational as soon as
possible, thus, the need of private
retail-chains in public distribution of
food-grains is all the more inevitable,
now.
In fact, it is impossible to imagine a
sector in our country, which is fully
regulated by the Government and still
runs efficiently. In contrast, take the
example of sectors, like, the IT, the
Automobile, the Pharmaceutical, and
the Telecommunication, which have
been opened up for participation by
the private players, and in all these
sectors, the country has witnessed a
tremendous growth after they were
freed from the clutches of the
government control and opened up for
private participation. Now, these
sectors are being dominated by the
private companies, whose main
promoters are the Indians; these are
the companies which have been
instrumental in increasing prosperity
of the nation as well as projecting
name of the country on the
technological map of the world.
The following is narrated with a view
to demonstrate the role played by
privatization in alleviating problems of
the common man.
Here, I narrate a personal
experience to portray as to how
opening up of the telecom sector
of the country to private players,
has tremendously benefitted the
entire country, in a manner which
was almost unimaginable only a few
years back:
Vol. XV No. 4 April 2018
Way back in August, 1976, just after
passing my B.Sc. examination, I had
gone to Bombay (currently Mumbai)
from Agra, for appearing in an
interview for selection as an entry-
level scientific officer in Bhabha
Atomic Research Centre (though I
could not succeed there). In Bombay,
I was putting up with one of my
respected acquaintances, who
himself was then working as a Senior
Scientist at the Bhabha Atomic
Research Centre. During those days,
owning a telephone connection was
considered as a status symbol, as they
were not routinely available to all. My
host also did not have a telephone
connection at his home but one of
his neighbours had a telephone
connection. During those days, the
Post and Telecommunication
Department (P&T Dept.) of the GOI
was the sole provider of telephone
services in India.
Since, I was away from my home
for a long duration, for the first time,
my mother was anxious to know
about my welfare; more so because
my father had passed away just three
months before and I was the eldest
child of the family. My mother was
able to obtain telephone number of
the aforesaid neighbour of my host.
Thereafter, my mother contacted one
of my uncles in Agra, who also
happened to own a telephone
connection, though without STD
facility. Thus, for executing a
telephonic call to Bombay, my mother
had to book for it through the District
Head Office of the P&T Dept. After a
long wait, when her turn came, she
was connected to the telephone
number of the neighbour of my host
at Bombay. Since I was not available
at the place of my stay at that time,
my mother left a message with that
gentleman that I should be ready
around 9.00 p.m. when she would
attempt to make another telephone call.
30
After receiving the message, all of us
sat near the telephone much before
9.00 pm so that I did not miss the
second call, too. After some wait, I
received the telephone call from my
mother. But due to the excitement,
we prolonged the conversation and
in the process, my mother forgot that
she was supposed to finish the
conversation early, I suppose time
limit was 3 minutes. May be, the
telephone operator, who connected
the STD call and perhaps who was
also overhearing the conversation,
sensed that the allowed time for
telephonic call would end soon and
thus reminded us during the call that
the allotted time for conversation was
nearing its end, and as such, we
should finish our conversation early.
It implied either we end up our
conversation soon or he will snap it
at his end, may be the telephone
operators used to be under pressure
to clear the queue of the people,
waiting to make STD calls.
Those were the times, when for
making STD calls, one had to face
innumerable obstacles. Now, see the
change when private players have
also been allowed in the telecom
sector and because of their entry in
the arena of telecommunication,
state-owned telephone service
providers, viz., BSNL and MTNL,
have also changed beyond
recognition in comparison to their
inglorious past. Now, besides steep
reduction in tariff for telephone calls,
inconveniences of the people have also
been reduced drastically. I remember
that during earlier times, there used to
be a waiting-period of more than five
years for obtaining a telephone
connection, for the ordinary people.
Now, witness the difference when
one can obtain a telephone connection
with unlimited connectivity in less than
5 minutes, provided one is ready with
necessary documents.
Therefore, one can say confidently
that the GOI should meet the
additional demand of distribution of
food-grains and other commodities
to the people with the help of private
retail-chains, only then the scheme
of things will pan out efficiently for
the mass welfare of the people in the
most cost-effective manner. And for
the purpose, the Government should
consider for revamping the existing
TPDS system as illustrated below.
Universal Public Distribution
System
To provide food-security to the
people, without hassles, the
Government should outsource the
job of distribution of food-grains and
other essential commodities (meant
for providing basic comprehensive
social security support to all the
citizens), partially or completely, to
the large private retail-chains, which
are slowly maturing in this country.
And the entire public distribution
system so created may be termed as
Universal Public Distribution System
(UPDS). Additional quantity of food-
grains at market determined prices or
other commodities can also be sold
through these private retail-chains, if
needed. Currently, also, the TPDS of
the GOI operates with the help of
about half-a-million private ration-
shops, whose owners get quota of
food-grains for the ration-card
holders, registered with them,
through designated government
warehouses. So the existing TPDS
system, too, is driven with the help
of private participation. Everyone
knows that the present TPDS system
of the country is deeply entrenched
with corruption, resulting in sub-
standard supply of food-grains, short-
weighing of food-grains, and irregular
supply of commodities to the intended
beneficiaries. Besides the above, it is
a proven fact that the supplies meant
for the TPDS are diverted to open
Vol. XV No. 4 April 2018
market for black-marketing, and as
per some estimates, up to half of the
supplies meant for distribution
through the TPDS are misused,
causing loss of several hundred
billions annually to the government
exchequer as well as depriving poor
people from the desired benefit of
distribution of the subsidized food-
grains through the TPDS. The
government machinery cannot initiate
result-oriented action against so many
gray-areas and against so many
involved persons, and whenever it
initiates investigations, another wave
of corruption starts which engulfs
investigators, too. So, it appears that
the optimal strategy will be to allow
large private retail-chains along with
the existing ration-shop owners, to
take up the distribution of food-grains
and other commodities meant for
providing basic comprehensive social
security (CSS) to the people, with the
stipulation that these commodities are
to be distributed in transparent and
sealed packets with the date of
packing and weight mentioned
thereon. This distribution system
coupled with delivery of essential
commodities via NID smart-cards
will have several benefits, some of
which are listed below:
31
1.Corruption in supply of essential
commodities meant for the basic
CSS can be minimized up to zero
level.
2.The Government would be saved
substantially from the trouble of
creating additional infrastructure for
distribution of enhanced quantity of
food-grains and other commodities
besides arranging training for the
people for the added responsibility.
3.Quality control with regard to
distribution of food-grains and
other commodities can be
undertaken with greater ease and
effectiveness. Also, the
Government can have much better
supervisory control over private
retail-chains and this will have
cascading effect in improving the
efficiency as well as service of the
existing ration-shop owners, too,
who have so far been insulted from
market forces, due to absolute
government control and
regulations, leaving no choice for
the consumer but to obey the
dictate of the owner of the ration-
shop with whom he/she was
registered.
4.In case of droughts or floods or
other natural calamities, these private
firms can also augment
 government’s efforts in providing
quick relief supplies to the affected
people in much more organized
manner as well as with amazing
efficiency. Thus, eliminating
possibilities of mass starvation
deaths, even in the eventuality of big
calamities. Because as per the
economists, generally, the
deficiency in distribution of food-
grains has been found to be the main
cause of mass starvation deaths,
instead of the shortage of food-
grains which is the usual perception
in such cases.
5.Another advantage would ensue in
terms of speedier redressal of
grievances of the people with regard
to poor service in distribution of
food-grains and other commodities,
which is not possible, currently.
Because in case of complaints
against large private retail-chains in
distribution of essential
commodities, the media, too, will be
proactive and zealous in turning spot
light on the areas of concern.
Consequently, the Government will
be in a better position to tighten
screws against such defaulting
private firms much more quickly and
decisively than its present capability
to initiate any meaningful action
against about half-a-million scattered
ration-shop owners. Further, the
people can also be allowed to choose
their food-grains supplier, in the
same way, they are allowed to
choose their telecom service
provider, this provision will itself act
as a potent weapon in the hands of
the people to demand better services
from their commodity supplier,
whether they be private retail-chains
or the existing ration-shop owners.
6.The biggest advantage of roping in
private retail-chains in distribution
of food-grains and other
commodities would be that national
wastage in transportation, storage,
and distribution of food-grains can
Vol. XV No. 4 April 2018
be minimized. These private firms
can be mandated to create adequate
storage capacity and lift the annual
quota of food-grains through
farmers directly or through Food
Corporation of India immediately
after the harvesting season, thereby,
significantly easing storage
problems for the Government.
Presently, a lot of food-grains rot
under the open sky or are eaten
away by the rodents or are
rendered unfit for consumption due
to worms, for want of adequate
storage facilities as well as callous
attitude of the Food Corporation of
India. Because as per the existing
policies, Food Corporation of India
is reimbursed for the total expenses
incurred by it in procurement as
well as in management of food-
grains for distribution all over the
country. In the changed scenario,
the Food Corporation of India and
private ration-shop owners will
have to compete with private retail-
chains, thus they will also ramp up
their efficiency as is being
witnessed with the BSNL and the
MTNL, the government-owned
telecom service providers, which
have also improved a lot, after the
entry of private telecom companies
in the fray. Thus, it will shake-off
the veil of complacency from the
existing network of ration-shop
owners, Food Corporation of
India, and other government
agencies or else they will be
knocked out by the competition
from the private retail-chains. And
this improved productivity on the
part of all concerned will benefit
the entire country, in general, and
marginal people of the country, in
particular, who are suffering the
most in this inefficient and corrupt
environment and whose feeble
voice remain unheard in the din of
the sparkle and glamour of the
privileged few of this country.
32
One should not jump to point out that
by roping in large private-retail chains,
employment opportunities for private
people will diminish. On the contrary,
employment opportunities will
increase a lot more for the masses.
Because these private-retail chains will
also have to employ people for
procurement, storage, transport, as
well as distribution of food-grains. The
only difference would be (a) that their
distribution network will be much
more efficient and thus cost-effective
and (b) that the money-making
through black-marketing of food-
grains will be checked significantly.
These measures will reduce overhead
expenses on distribution of food-
grains and other commodities, also,
thereby enabling the Government to
further enhance quantum of assistance
for the people, which will serve the
cause of mass welfare of the people
of the country, against which no one
should have any grudge.
I will end this topic with the remark
that the feeling of uninterrupted supply
of food-grains and other essential
commodities to every person will
tantamount to a huge confidence
building measure as well as assurance
to him/her that he/she can re-
construct his/her life even if he/she
loses all of his/her resources by any
calamity, like, fire or earthquake or
flood or job loss or disabling illness or
separation from family or any other
major accident which can snatch
away livelihood support for that
individual. Thus, the GOI must strive;
come what may; to meet out these
basic essential requirements of all the
people of the country, in a satisfactory
manner and as early as possible, if it
claims to care even a bit in the true
sense for the welfare of the masses
of this country.
- The author is working as the
Assistant Registrar at Dayalbagh
Educational Institute, Agra
 Peace & Kashmir:
India Must Address Rights Abuses by Security Forces
“Kashmir has become a mess,” a
retired Indian official who worked on
Delhi’s Kashmir policy told me as
news of the latest fighting trickled in.
“We have squandered the chance at
peace.”
On April 1, at least 13 militants and
three soldiers were killed in a series
of gunfights. Five civilians were killed
and dozens wounded when the
security forces cracked down on
protests that followed. The
government then blocked mobile
internet in parts of the Valley and
postponed school examinations.
Many Indian leaders and officials like
to place all blame for the violence in
Jammu and Kashmir on Pakistan
because it contributes arms, training,
even fighters to the insurgency. But
they have ignored activists,
academics, and numerous
commissions established by various
governments over the years that have
repeatedly drawn attention to the lack
of justice for serious human rights
violations by the Indian government.
This has built up rage in recent years.
Kashmiris have been coming out onto
the streets in protest and throwing
stones at the security forces, who
frequently respond with shotgun
pellets and bullets. It is young
Kashmiris who are leading the
militancy now and they have the
support of vast sections of the
population.
The Bharatiya Janata Party leads not
just the central government but is also
part of the coalition that governs
Vol. XV No. 4 April 2018
Jammu and Kashmir. Its stridently
nationalist campaign draws upon the
targeting and displacement from
India’s only Muslim majority state of
Hindu Pandits in the 1990s, and
opposes Kashmir’s historical demand
for a promised plebiscite to choose
between India and Pakistan. BJP
supporters consider protests by
Muslim Kashmiris anti-national; even
peaceful protests by students can lead
to charges of sedition.
Tens of thousands have been killed
in Kashmir in nearly three decades
of insurgency. Yet, impunity is the
norm. The army has opposed calls
to repeal the draconian Armed Forces
Special Powers Act, used to deploy
the military in internal conflict. The
law requires the defense ministry’s
permission to prosecute soldiers
accused of even grave abuses. Since
33
- Meenakshi Ganguly
2001, the Jammu and Kashmir
government has sought permission
for prosecution in 50 such cases; the
central government has denied it in
47.
In May 2017, Major Nitin Leetul
Gogoi was commended rather than
criminally investigated for unlawfully
using a bystander as a “human
shield.” Other military officers
accused of egregious abuses,
including the killing of civilians and
falsely claiming them to be militants,
have not been properly prosecuted.
Though protests in Kashmir can be
violent at times, the response of the
security forces should always be
proportionate. Lethal force should be
the last resort, used only when lives
are threatened. Promptly investigating
allegations of abuses and prosecuting
those responsible is key to resolving
this “mess.”
- Source: hrw.org
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